What is a Power of Attorney?

A Power of Attorney is a document that lets you delegate financial or health care decisions to another person to make on your behalf.

There are three types of Power of Attorney:

Limited Power of Attorney

Durable Power of Attorney

Springing Power of Attorney

LIMITED Power of Attorney

A limited POA is the most restrictive type. With this you are just naming a person to act on your behalf for one specific purpose and then the power ends. These are most common in real estate closings. You may nominate someone else to sign your name to closing documents if you are unable to attend the closing. A limited Power of Attorney may be used to convey vehicle titles, deposit checks, or pay bills. This lasts for a specific period of time such as if you were to be unreachable while on vacation.

DURABLE Power of Attorney

A durable POA is effective from the date that you sign it until the date you revoke it. You can always make decisions for yourself while able. Your designated “attorney in fact” has the power also to act on your behalf. Durable POA is typically financial and gives your nominated person the authority to conduct banking, sell or lease real estate, deal with the IRS, buy or sell stocks, etc. Indiana law lists many specific powers you can give your financial POA. Even so, you do not have to give every power to your attorney in fact if the powers do not apply to your situation.

SPRINGING Power of Attorney

A springing POA only becomes effective upon an occurrence happening. Typically, it is when you become disabled or unable to handle your affairs yourself. A springing POA allows you to be the sole decision maker in your finances. This lasts until a doctor certifies that you are no longer able to manage them by yourself. While this may seem attractive, it can sometimes be complicated in real life. If you do not have an ongoing relationship with a doctor it could be difficult to obtain the necessary documentation in a timely manner.

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